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View Diary: Ken Cuccinelli asks court to reinstate Virginia sodomy law. Wait, what? (236 comments)

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  •  The decision was only 2-1???? (3+ / 0-)
    Recommended by:
    jayden, Dogs are fuzzy, DSPS owl

    A judge voted to uphold the law in the face of Lawrence vs. Texas?????

    •  Because of the age of the woman involved. (3+ / 0-)
      Recommended by:
      skrekk, wayoutinthestix, ivorybill

      There's a twist in this case, that the woman was only 17, which is lower than the state's age of consent.  The dissenting judge argued this didn't give the man involved the protections of Lawrence...

      ...but that begs the question that the sodomy law was even the proper law to apply in this case, or is even applicable.  It was - by Virginia law, at least - statutory rape.  

      If they'd brought statutory rape charges instead, this wouldn't even be an issue, but methinks the conservatives were too eager to find a way to limit the impact of Lawrence.

      Saint, n. A dead sinner revised and edited. - Ambrose Bierce

      by pico on Wed Apr 03, 2013 at 02:12:32 PM PDT

      [ Parent ]

      •  I have a hard time accepting the legal argument (1+ / 0-)
        Recommended by:
        pico

        that the sodomy law is even still enforceable. It's a odd reading of the statute to say that it applies only to minors when minors are not mentioned at all in the text of the statute and sexual activity with minors is already illegal under Section 18.2-63 of the Code of Virginia.

        § 18.2-371 of the Code of Virginia classifies sex between a 15-17 year old and a person over the age of 18 as a class 1 misdemeanor. Punishments for Class 1 misdemeanors include confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

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